118 S1170 ES: Project Safe Childhood Act
U.S. Senate
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
118th CONGRESS
1st Session
S. 1170
IN THE SENATE OF THE UNITED STATES
AN ACT
To reauthorize and update the Project Safe Childhood program, and for other purposes.
1.

Short title
This Act may be cited as the “Project Safe Childhood Act”.
2.

Project Safe Childhood modernization
Section 143 of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20942) is amended to read as follows:
“143.

Project Safe Childhood
(a)

Definitions
In this section:
(1)

Child sexual abuse material
The term child sexual abuse material has the meaning given the term child pornography in section 2256 of title 18, United States Code.
(2)

Child sexual exploitation offense
The term child sexual exploitation offense means—
(A)
(i)
an offense involving a minor under section 1591 or chapter 117 of title 18, United States Code;
(ii)
an offense under subsection (a), (b), or (c) of section 2251 of title 18, United States Code;
(iii)
an offense under section 2251A or 2252A(g) of title 18, United States Code; or
(iv)
any attempt or conspiracy to commit an offense described in clause (i) or (ii); or
(B)
an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A).
(3)

Circle of trust offender
The term circle of trust offender means an offender who is related to, or in a position of trust, authority, or supervisory control with respect to, a child.
(4)

Computer
The term computer has the meaning given the term in section 1030 of title 18, United States Code.
(5)

Contact sexual offense
The term contact sexual offense means—
(A)
an offense involving a minor under chapter 109A of title 18, United States Code, or any attempt or conspiracy to commit such an offense; or
(B)
an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A).
(6)

Dual offender
The term dual offender means—
(A)
a person who commits—
(i)
a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; and
(ii)
a contact sexual offense; and
(B)
without regard to whether the offenses described in clauses (i) and (ii) of subparagraph (A)—
(i)
are committed as part of the same course of conduct; or
(ii)
involve the same victim.
(7)

Facilitator
The term facilitator means an individual who facilitates the commission by another individual of—
(A)
a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; or
(B)
a contact sexual offense.
(8)

ICAC affiliate partner
The term ICAC affiliate partner means a law enforcement agency that has entered into a formal operating agreement with the ICAC Task Force Program.
(9)

ICAC task force
The term ICAC task force means a task force that is part of the ICAC Task Force Program.
(10)

ICAC Task Force Program
The term ICAC Task Force Program means the National Internet Crimes Against Children Task Force Program established under section 102 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21112).
(11)

Offense involving child sexual abuse material
The term offense involving child sexual abuse material means—
(A)
an offense under section 2251(d), section 2252, or paragraphs (1) through (6) of section 2252A(a) of title 18, United States Code, or any attempt or conspiracy to commit such an offense; or
(B)
an offense under a State or Tribal statute that is similar to a provision described in subparagraph (A).
(12)

Serious offender
The term serious offender means—
(A)
an offender who has committed a contact sexual offense or child sexual exploitation offense;
(B)
a dual offender, circle of trust offender, or facilitator; or
(C)
an offender with a prior conviction for a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material.
(13)

State
The term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(14)

Technology-facilitated
The term technology-facilitated, with respect to an offense, means an offense that is committed through the use of a computer, even if the use of a computer is not an element of the offense.
(b)

Establishment of program
The Attorney General shall create and maintain a nationwide initiative to align Federal, State, and local entities to combat the growing epidemic of online child sexual exploitation and abuse, to be known as the “Project Safe Childhood program”, in accordance with this section.
(c)

Best practices
The Attorney General, in coordination with the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, and in consultation with training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General and with appropriate nongovernmental organizations, shall—
(1)
develop best practices to adopt a balanced approach to the investigation of suspect leads involving contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenses, prioritizing when feasible the identification of a child victim or a serious offender, which approach shall incorporate the use of—
(A)
proactively generated leads, including leads generated by current and emerging technology;
(B)
in-district investigative referrals; and
(C)
CyberTipline reports from the National Center for Missing and Exploited Children;
(2)
develop best practices to be used by each United States Attorney and ICAC task force to assess the likelihood that an individual could be a serious offender or that a child victim may be identified;
(3)
develop and implement a tracking and communication system for Federal, State, and local law enforcement agencies and prosecutor’s offices to report successful cases of victim identification and child rescue to the Department of Justice and the public; and
(4)
encourage the submission of all lawfully seized visual depictions to the Child Victim Identification Program of the National Center for Missing and Exploited Children.
(d)

Implementation
Except as authorized under subsection (e), funds authorized under this section may only be used for the following 4 purposes:
(1)
Integrated Federal, State, and local efforts to investigate and prosecute contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, including—
(A)
the partnership by each United States Attorney with each Internet Crimes Against Children Task Force within the district of such attorney;
(B)
training of Federal, State, and local law enforcement officers and prosecutors through—
(i)
programs facilitated by the ICAC Task Force Program;
(ii)
ICAC training programs supported by the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice;
(iii)
programs facilitated by appropriate nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to serious offenders, contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; and
(iv)
any other program that provides training—
(I)
on the investigation and identification of serious offenders or victims of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; or
(II)
that specifically addresses the use of existing and emerging technologies to commit or facilitate contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material;
(C)
the development by each United States Attorney of a district-specific strategic plan to coordinate with State and local law enforcement agencies and prosecutor’s offices, including ICAC task forces and their ICAC affiliate partners, on the investigation of suspect leads involving serious offenders, contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenders and offenses, which plan—
(i)
shall include—
(I)
the use of the best practices developed under paragraphs (1) and (2) of subsection (c);
(II)
the development of plans and protocols to target and rapidly investigate cases involving potential serious offenders or the identification and rescue of a victim of a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material;
(III)
the use of training and technical assistance programs to incorporate victim-centered, trauma-informed practices in cases involving victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, which may include the use of child protective services, children’s advocacy centers, victim support specialists, or other supportive services;
(IV)
the development of plans to track, report, and clearly communicate successful cases of victim identification and child rescue to the Department of Justice and the public;
(V)
an analysis of the investigative and forensic capacity of law enforcement agencies and prosecutor’s offices within the district, and goals for improving capacity and effectiveness;
(VI)
a written policy describing the criteria for referrals for prosecution from Federal, State, or local law enforcement agencies, particularly when the investigation may involve a potential serious offender or the identification or rescue of a child victim;
(VII)
plans and budgets for training of relevant personnel on contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material;
(VIII)
plans for coordination and cooperation with State, local, and Tribal law enforcement agencies and prosecutorial offices; and
(IX)
evidence-based programs that educate the public about and increase awareness of such offenses; and
(ii)
shall be developed in consultation, as appropriate, with—
(I)
the local ICAC task force;
(II)
the United States Marshals Service Sex Offender Targeting Center;
(III)
training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General;
(IV)
nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material;
(V)
any relevant component of Homeland Security Investigations;
(VI)
any relevant component of the Federal Bureau of Investigation;
(VII)
the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice;
(VIII)
the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice;
(IX)
the United States Postal Inspection Service;
(X)
the United States Secret Service; and
(XI)
each military criminal investigation organization of the Department of Defense; and
(D)
a quadrennial assessment by each United States Attorney of the investigations within the district of such attorney of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material—
(i)
with consideration of—
(I)
the variety of sources for leads;
(II)
the proportion of work involving proactive or undercover law enforcement investigations;
(III)
the number of serious offenders identified and prosecuted; and
(IV)
the number of children identified or rescued; and
(ii)
information from which may be used by the United States Attorney, as appropriate, to revise the plan described in subparagraph (C).
(2)
Major case coordination by the Department of Justice (or other Federal agencies as appropriate), including specific cooperation, as appropriate, with—
(A)
the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice;
(B)
any relevant component of Homeland Security Investigations;
(C)
any relevant component of the Federal Bureau of Investigation;
(D)
the ICAC task forces and ICAC affiliate partners;
(E)
the United States Marshals Service, including the Sex Offender Targeting Center;
(F)
the United States Postal Inspection Service;
(G)
the United States Secret Service;
(H)
each Military Criminal Investigation Organization of the Department of Defense; and
(I)
any task forces established in connection with the Project Safe Childhood program set forth under subsection (b).
(3)
Increased Federal involvement in, and commitment to, the prevention and prosecution of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material by—
(A)
using technology to identify victims and serious offenders;
(B)
developing processes and tools to identify victims and offenders; and
(C)
taking measures to improve information sharing among Federal law enforcement agencies, including for the purposes of implementing the plans and protocols described in paragraph (1)(C)(i)(II) to identify and rescue—
(i)
victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; or
(ii)
victims of serious offenders.
(4)
The establishment, development, and implementation of a nationally coordinated “Safer Internet Day” every year developed in collaboration with the Department of Education, national and local internet safety organizations, parent organizations, social media companies, and schools to provide—
(A)
national public awareness and evidence-based educational programs about the threats posed by circle of trust offenders and the threat of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material, and the use of technology to facilitate those offenses;
(B)
information to parents and children about how to avoid or prevent technology-facilitated child sexual exploitation offenses; and
(C)
information about how to report possible technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material through—
(i)
the National Center for Missing and Exploited Children;
(ii)
the ICAC Task Force Program; and
(iii)
any other program that—
(I)
raises national awareness about the threat of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material; and
(II)
provides information to parents and children seeking to report possible violations of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material.
(e)

Expansion of Project Safe Childhood
Notwithstanding subsection (d), funds authorized under this section may be also be used for the following purposes:
(1)
The addition of not less than 20 Assistant United States Attorneys at the Department of Justice, relative to the number of such positions as of the day before the date of enactment of the Project Safe Childhood Act, who shall be—
(A)
dedicated to the prosecution of cases in connection with the Project Safe Childhood program set forth under subsection (b); and
(B)
responsible for assisting and coordinating the plans and protocols of each district under subsection (d)(1)(C)(i)(II).
(2)
Such other additional and related purposes as the Attorney General determines appropriate.
(f)

Authorization of appropriations
(1)

In general
For the purpose of carrying out this section, there are authorized to be appropriated—
(A)
for the activities described under paragraphs (1), (2), and (3) of subsection (d), $28,550,000 for each of fiscal years 2023 through 2028;
(B)
for the activities described under subsection (d)(4), $4,000,000 for each of fiscal years 2023 through 2028; and
(C)
for the activities described under subsection (e), $29,100,000 for each of fiscal years 2023 through 2028.
(2)

Supplement, not supplant
Amounts made available to State and local agencies, programs, and services under this section shall supplement, and not supplant, other Federal, State, or local funds made available for those agencies, programs, and services.”.
Passed the Senate October 24, 2023.
Secretary